Search results for: participatory governance
1466 Corporate Governance and Firm Performance in the UAE
Authors: Bakr Ali Al-Gamrh, Ku Nor Izah B. Ku Ismail
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We investigate the relationship between corporate governance, leverage, risk, and firm performance. We use a firm level panel that spans the period 2008 to 2012 of all listed firms on Abu Dhabi Stock Exchange and Dubai Financial Market. After constructing an index of corporate governance strength, we find a negative effect of corporate governance on firm performance. We, however, discover that corporate governance strength indirectly improves the negative influence of leverage on firm performance in normal times. On the contrary, the results completely reversed when there is a black swan event. Corporate governance strength plays a significantly negative role in moderating the relationship between leverage and firm performance during the financial crisis. We also reveal that corporate governance strength increases firms’ risk and deteriorates performance during crisis. Results provide evidence that corporate governance indirectly plays a completely different role in different time periods.Keywords: corporate governance, firm performance, risk, leverage, the UAE
Procedia PDF Downloads 5501465 Effective Citizen Participation in Local Government Decision-Making and Democracy
Authors: Ali Zaimi
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Citizen participation in local government is an opportunity given to citizens and government to increase communication between them, create public support for local government plans and most important grow public trust in government. Also, the citizens’ involvement in the political process is an important part of democracy. This study aims to define the strategies for increasing citizen participation in local governance and concentrated in two important mechanisms such as participatory budget and public policy councils. Three strategies that promote more effective citizen involvement in local governance are understanding and using formal institutions of power, collaboration of citizens’ groups and governments officials to jointly formulate programs plans, electing and appointing local officials. A unique aspect of citizen participation to operate effectively is the transparency of government and the inclusion of actors into decision-making. The citizen engagement in local governance enhances accountability and problem solving, promote more inclusive and cohesive communities and enlarge the quality and quantity of initiatives made by communities.Keywords: accountability, citizen participation, democracy, government
Procedia PDF Downloads 2651464 Managerial Risk-Taking: Evidences from the Tourism Industry
Authors: Min-Ming Wen
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Applying the U.S. lodging and tourism industry as a research sample, we examine the relation between the corporate governance structure and managerial risk-taking behavior. In light of the global financial crisis, the importance of effective governance structures is essential in protecting claimholder interests. We propose a governance structure consisting of shareholder governance measured by anti-takeover provisions to examine whether the governance structure has a significant impact on managerial risk-taking behaviors in terms of the investment policy. We will use capital expenditure and R&D investment to measure managerial risk-taking and the firm’s investment policy. In addition, we will examine whether the effects of governance on investment policy differ significantly between speculative and investment-grade firms.Keywords: corporate governance, risk-taking, firm value, lodging industry
Procedia PDF Downloads 6161463 Approaching Collaborative Governance Legitimacy through Discursive Legitimation Analysis
Authors: Carlo Schick
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Legitimacy can be regarded the very fabric of political orders. Up to this point, IR scholarship was particularly interested in the legitimacy of nation-states, international regimes and of non-governmental actors. The legitimacy of collaborative governance comprising public, private and civic actors, however, has not received much attention from an IR perspective. This is partly due to the fact that the concept of legitimacy is difficult to operationalise and measure in settings where there is no clear boundary between political authorities and those who are subject to collaborative governance. In this case, legitimacy cannot be empirically approached in its own terms, but can only be analysed in terms of dialectic legitimation processes. The author develops a three-fold analytical framework based on a dialogical understanding of legitimation. Legitimation first has to relate to public legitimacy demands and contestations of collaborative governance and second to legitimacy claims issued by collaborative governance networks themselves. Lastly, collaborative governance is dependent on constant self-legitimisation. The paper closes with suggesting a discourse analytic approach to further empirical research on the legitimacy of collaborative governance.Keywords: legitimacy, collaborative governance, discourse analysis, dialectic legitimation
Procedia PDF Downloads 3371462 The Effect of Corporate Governance on Earnings Management: When Firms Report Increasing Earnings
Authors: Su-Ping Liu, Yue Tian, Yifan Shen
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This study investigates the effect of corporate governance on earnings management when firms have reported a long stream of earnings increases (hereafter referred to as earnings beaters). We expect that good quality of corporate governance decreases the probability of income-increasing earnings management. We employ transparent tools to capture firms’ opportunistic management behavior, specifically, the repurchase of stock. In addition, we use corporate governance proxies to measure the degree of corporate governance, including board size, board independence, CEO duality, and the frequency of meeting. The results hold after the controlling of variables that suggested in prior literature. We expect that the simple technique, that is, firms’ degree of corporate governance, to be used as an inexpensive first step in detecting earnings management.Keywords: corporate governance, earnings management, earnings patterns, stock repurchase
Procedia PDF Downloads 1771461 Port Governance in Santos, Brazil: A Qualitative Approach
Authors: Guilherme B. B. Vieira, Rafael M. da Silva, Eliana T. P. Senna, Luiz A. S. Senna, Francisco J. Kliemann Neto
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Given the importance of ports as links in the global supply chains and because they are key elements to induce competitiveness in their hinterlands, the number of studies devoted to port governance, management and operations has increased in the last decades. Some of these studies address the port governance model as an element to improve coordination among the actors of the port logistics chain and to generate a better port performance. In this context, the present study analyzes the governance of Port of Santos through individual interviews with port managers, based on a conceptual model that considers the key dimensions associated with port governance. The results reinforce the usefulness of the applied model and highlight some existing improvement opportunities in the port studied.Keywords: port governance, model, Port of Santos, managers’ perception
Procedia PDF Downloads 5361460 Influence of Online Media on Governance in Nigeria: The United States-Based Sahara Reporters as a Case Study
Authors: Sheriff Folarin, Oluwafunke Folarin, Hadassah Hussaini, Victor Jubril, Olaniyi Ayodele
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Using a famous, unrestrained and fiery United States-based, Nigerian-owned Sahara Reporters as a case study, this paper examined the impact of online-based media on governance in Nigeria. The discourse is premised on the thesis that the internet has changed the face of journalism and that the mainstream but online-based media have made journalism more participatory than ever. Everyone who has something to say finds it easy to say it quickly and conveniently, unhinged or without being censored. This has made online journalism very popular and the number of online-based news platforms to be on the increase. As these platforms have given the citizens a means to interact and added to the content of the news, they have also succeeded in promoting partisanship. It thus becomes necessary to study the impact of the rabid news platform, Sahara Reporters, on governance in Africa’s biggest democracy, Nigeria. Few studies have examined the impact on governance of mainstream-online media platforms and those studies that did, have only focused on social media, such as Facebook and Twitter. This paper is a product of a bigger study, in which the research design entailed semi-structured interviews with participants from different sectors of the society and an analysis of contents from the Sahara Reporters website, from which data were collected. The findings revealed that through uncensored reporting and citizen participation on the platform of Sahara Reporters, there had been a significant people influence on governance in Nigeria, with government at two levels (national and state) sometimes shifting or yielding grounds, particularly from 2011-2016. The study also recognized the presence of counter-forces in the online community who want to discredit the information on the site. Through the lens of media dependency theory, the study concluded that the public now increasingly depends on online news media for information and the more news these media provide, the more the people depend on it, making it easy for them to influence governance.Keywords: governance, media, online news, Sahara reporters
Procedia PDF Downloads 1001459 The Importance of Upholding Corporate Governance: A Case Study of Government Pension Funds
Authors: Pichamon Chansuchai
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This qualitative research paper aimed to study the best practice regulation of the Government Pension Fund of Thailand or GPF to explore the importance of good corporate governance and to identify and compare impacts towards the organizational operation and image before and after adopting the corporate good governance practice. The study employed the six principles of good corporate governance and best practice including accountability, responsibility, equitable treatment, transparency, value creation and ethics. The study pointed out that the GPF was a good example of the organization that regained public trust and receiving a positive image and credibility after implementing corporate good governance in all aspects of its organizational management.Keywords: corporate governance, government, pension funds, organizational operation
Procedia PDF Downloads 4571458 The Relevance of Corporate Governance Disclosure in Spanish Public Universities
Authors: Yolanda Ramirez, Angel Tejada, Agustin Baidez
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There is currently a growing interest in the improvement of university governance and the disclosure of information on corporate governance processes as an essential part of the transparency and accountability of universities. This paper aims to know the importance given by Spanish university stakeholders to the disclosure of information about structure and mechanism of corporate governance. So as to meet this objective we propose a model for disclosing information on the main aspects of university governance in Spanish universities. This model will be validated using a questionnaire sent to members of the Social Councils of public universities in Spain. Our results show that Spanish university stakeholders attach great importance to the disclosure of specific information on aspects of corporate governance, which would result in improved transparency and accountability. According to the results of this study it may be concluded that the university stakeholders feel that it is relevant to publish information on corporate governance in the university accounting information model.Keywords: corporate governance, transparency, accountability, universities, Spain
Procedia PDF Downloads 3111457 Urban Governance in Major Development Projects: Challenges, Issues and Constraints - Case of Constantine
Authors: Chouabbia Khedidja, Lazri Youcef, Mouhoubi Nedjima
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In optics and in ambition to break into the ranks of international metropolis cities, Constantine, a regional metropolis of eastern Algeria, is facing multiple challenges shared between the response to the urban crisis plaguing the city and the creation of territorial attractiveness in the metropolisation process. This ambition cannot be achieve in conditions of poor governance and lack of cooperation especially between the actors involved in major development projects, these last qualified by change and hope carriers to make the city more attractive and pleasant. Thus, governance or good governance has become not only a necessity but also a challenge for the city of Constantine. Through this example of Constantine. We will analyze the challenges facing a metropolis amongst other urban governance and the constraints that affect the smooth running of major development projects when governance is missing or inoperative.Keywords: urban governance, metropolis, big development project, actors, constantine
Procedia PDF Downloads 4571456 The Effect of the 2015 Revision to the Corporate Governance Code on Japanese Listed Firms
Authors: Tomotaka Yanagida
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The Corporate Governance Code, revised in 2015, requires firms listed within the first and second sections of Japan’s Tokyo stock exchange to select two or more independent outside directors (the Corporate Governance Code4-8). Therefore, Japanese listed firms must do this or explain the reason why they are not able to do so. This study investigates how the Corporate Governance Code affects Japanese listed firms. We find that the Corporate Governance Code increases the ratio of outside directors by nearly 8.8% for a sample of Japanese firms comprising nearly 4,200 firm-year observations from 2014 to 2015 using a difference-in-differences approach. This implies that they felt it would have been difficult to explain why it was not appropriate to have an outside director at the annual shareholders' meeting. Moreover, this suggests that they appoint outside directors as defined by the Corporate Governance Code, but maintain board size. This situation shows that compliance in Japan may simply be 'window dressing,' that is, more form than substance.Keywords: board structure, comply or explain, corporate governance code, soft law
Procedia PDF Downloads 1731455 Corporate Governance and Accountability: Nigeria Perspective
Authors: Obazee Osariere
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Corporate governance has been an emerging subject of worldwide interest in the 21st century following the failure of going concerns that were hitherto thought to be financially stable before their collapse. Nigeria has had its fair share of corporate collapse, which has made it embrace and develop its corporate governance regime. This paper seeks to undertake an overview of corporate governance and accountability: Nigeria's perspective. This paper examines the various ways the concept has been viewed, its various dimensions, and its basic principles as a major instrument of ensuring corporate governance and accountability and confidence in the operations of organisations. The paper, which adopts a qualitative research method, however, provides an essential theoretical framework within which better practice of corporate governance and accountability can be evolved for appreciable corporate results in the Nigerian business environment. Thus, a historical perspective is adopted to understudy the evolution of corporate governance and accountability from its little beginning to the present time. The adoption of these strategies, it is argued, will engender participation by various principles, engender mutual understanding, build social support and ensure accountability and openness. Such strategies would also help in attitude and behavioural change required to instill in the operators of corporate organisations the best practice enshrined in corporate governance and accountability.Keywords: corporate governance, accountability, organisations, Nigeria, perspective
Procedia PDF Downloads 1221454 Toward an Appropriate Index for Corporate Governance
Authors: Bita Mashayekhi, Farzaneh Jalali, Alemeh Yazdanian
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This study contributes to identifying the corporate governance indices in previous researches by using content analysis on relevant papers published in 20 top accounting journals according to Google Scholar ranking, dated from 1990 to 2016. For this purpose, 65 papers are scrutinized deeply, and the concepts of corporate governance are coded and categorized. Then extracted indices are clustered into 10 and 51 categories and subcategories, respectively; and their frequencies are determined. Results show that the board of directors’ characteristics is employed more frequently in reviewed papers, and the board of directors’ independency is the most frequent index within the 97 percent of our sample. Duality, board size, and ownership structure have more frequencies in comparison with other extracted corporate governance indices.Keywords: corporate governance, content analysis, corporate governance index, top accounting journals
Procedia PDF Downloads 3541453 Corporate Governance and Financial Performance: Evidence From Indonesian Islamic Banks
Authors: Ummu Salma Al Azizah, Herri Mulyono, Anisa Mauliata Suryana
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The significance of corporate governance regarding to the agency problem have been transparent. This study examine the impact of corporate governance on the performance of Islamic banking in Indonesia. By using fixed effect model and added some control variable, the current study try to explore the correlation between the theoretical framework on corporate governance, such as agency theory and risk management theory. The bank performance (Return on Asset and Return on Equity) which are operational performance and financial performance. And Corporate governance based on Board size, CEO duality, Audit committee and Shariah supervisory board. The limitation of this study only focus on the Islamic banks performance from year 2015 to 2020. The study fill the gap in the literature by addressing the issue of corporate governance on Islamic banks performance in Indonesia.Keywords: corporate governance, financial performance, islamic banks, listed companies, Indonesia
Procedia PDF Downloads 1271452 Corporate Governance and Firm Performance: Empirical Evidence from India
Authors: G. C. Surya Bahadur, Ranjana Kothari
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The paper attempts to analyze linkages between corporate governance and firm performance in India. The study employs a panel data of 50 Nifty companies from 2008 to 2012. Using LSDV panel data model and 2SLS model the study reveals that that good corporate governance practices adopted by companies is positively related with financial performance. Board independence, number of board committees and executive compensation are found to have positive relationship while ownership by promoters and financial leverage have negative relationship with performance. There is existence of bi-directional relationship between corporate governance and financial performance. Companies with sound financial performance are more likely to conform to corporate governance norms and standards and implement sound corporate governance system. The findings indicate that companies can enhance business performance and sustainability by embracing sound corporate governance practices.Keywords: board structure, corporate governance, executive compensation, ownership structure
Procedia PDF Downloads 4751451 Designing for Wearable Interactions: Exploring Care Design for Design Anthropology and Participatory Design
Authors: Wei-Chen Chang, Yu-Cheng Pei
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This research examines wearable interaction design to mediate the design anthropology and participatory design found in technology and fashion. We will discuss the principles of design anthropology and participatory design using a wearable and fashion product process to transmit the ‘people-situation-reason-object’ method and analyze five sense applied examples that provide new thinking for designers engaged in future industry. Design anthropology and Participatory Design attempt to engage physiological and psychological design through technology-function, meaning-form and fashion aesthetics to achieve cognition between user and environment. The wearable interaction provides technological characteristics and semantic ideas transmitted to craft-cultural, collective, cheerful and creative performance. It is more confident and innovative attempt, that is able to achieve a joyful, fundamental interface. This study takes two directions for cultural thinking as the basis to establish a set of life-craft designs with interactive experience objects by users that assist designers in examining the sensual feelings to initiate a new lifestyle value.Keywords: design anthropology, wearable design, design communication, participatory design
Procedia PDF Downloads 2381450 Corporate Governance and Firm Performance: An Empirical Study from Pakistan
Authors: Mohammed Nishat, Ahmad Ghazali
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This study empirically inspects the corporate governance and firm performance, and attempts to analyze the corporate governance and control related variables which are hypothesized to have effect on firm’s performance. Current study attempts to assess the mechanism and efficiency of corporate governance to achieve high level performance for the listed firms on the Karachi Stock Exchange (KSE) for the period 2005 to 2008. To evaluate the firm performance level this study investigate the firm performance using three measures; Return on assets (ROA), Return on Equity (ROE) and Tobin’s Q. To check the link between firm performances with the corporate governance three categories of corporate governance variables are tested which includes governance, ownership and control related variables. Fixed effect regression model is used to examine the relation among governance and corporate performance for 267 KSE listed Pakistani firms. The result shows that governance related variables like block shareholding by individuals have positive impact on firm performance. When chief executive officer is also the board chairperson then it is observed that performance of firm is adversely affected. Also negative relationship is found between share held by insiders and performance of firm. Leverage has negative influence on the firm performance and size of firm is positively related with performance of the firm.Keywords: corporate governance, agency cost, KSE, ROA, Tobin’s Q
Procedia PDF Downloads 4091449 The Governance of UK Museums and Art Galleries: Implications for Accountability
Authors: Aminah Abdullah, Iqbal Khadaroo
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This paper investigates to what ends, how and by whom museums and art galleries in the UK are governed, and to whom they provide accounts to justify their behavior and activities. A theoretical framework is developed by drawing from the governance and accountability literature and is fleshed out by using empirical data from secondary sources. The findings show that the governance model used, informed by the new public management (NPM) philosophy, and has created tensions between the managerial and social forms of accountability. Museums and art galleries have adopted a managerial culture of getting done what gets measured.Keywords: governance, accountability, UK museums and art galleries, public sector
Procedia PDF Downloads 3351448 Women as Catalysts for the Rehabilitation of the Traditional System of Governance in Nigeria
Authors: Inalegwu Stephany Akipu
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Before the advent of Colonialists on the shores of Nigeria between the 16th and 17th Centuries, there existed the traditional systems of governance which was successful with Women as active participants. However, the current state of politics in Nigeria reveals an obvious absence of women in the Country’s governance. Being that the economy rests on the quality of leaders and their constructive contribution to the plight of the masses, it becomes pertinent to exhaust all the avenues that may be open to good governance-women inclusive. It is against this backdrop that this paper attempts to compare the machinery that were in place in pre-colonial Nigerian governance that aided the womenfolk to successfully reign or assist in leadership with the seeming lack of interest by women in present times. Factors that militate against the women will also be highlighted. Furthermore, suggestions are made on how to revive these successful traditional systems of governance. The paper concludes by emphasising the role of women as the needed catalysts for this aforementioned rehabilitation of traditional systems and the impact of media in achieving this feat.Keywords: catalysts, governance, media, rehabilitation
Procedia PDF Downloads 4191447 From Manipulation to Citizen Control: A Case Study Revealing the Level of Participation in the Citizen Participatory Audit
Authors: Mark Jason E. Arca, Jay Vee R. Linatoc, Rex Francis N. Lupango, Michael Joe A. Ramirez
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Participation promises an avenue for citizens to take part in governance, but it does not necessarily mean effective participation. The proper integration of participants in the decision-making process should be properly addressed to ensure effectiveness. This study explores the integration of the participants in the decision-making process to reveal the level of participation in the Solid Waste Management audit done by the Citizen Participatory Audit (CPA), a program under the supervision of the Commission on Audit. Specifically, this study will use the experience of participation to identify emerging themes that will help reveal the level of participation through the integrated ladder of participation. The researchers used key informant interviews to gather necessary data from the actors of the program. The findings revealed that the level of participation present in the CPA is at the Placation level, a level below the program’s targeted level of participation. The study also allowed the researchers to reveal facilitating factors in the program that contributed to a better understanding of the practice of participation.Keywords: citizen participation, culture of participation, ladder of participation, level of participation
Procedia PDF Downloads 4111446 Materialisation of Good Governance Concept by Effective Investment Dispute Resolution in the European Union
Authors: Jagna Mucha, Anna Kańciak
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The concept of good governance constitutes a wide perspective for academic discussion, because it provides a substantial theoretical background for settling many practical problems faced contemporarily by the EU. The basic assumptions of good governance have basically remained unchanged since the 90’s, when the concept was introduced by the World Bank, although the scholarly discussions reveal new facets of the said concept, when related to specific domains. The paper discusses the application of the specific elements of the concept of good governance in the field of the international investment law. Specifically, it seeks to demonstrate that the concept of good governance regulates the issue of international investments in that, among others, it requires the application of the alternative dispute resolution in order to make the investment law enforceable in the best possible way.Keywords: dispute resolution, european union, investments, good governance
Procedia PDF Downloads 3581445 An Analysis Study of a Participatory Design Workshop from the Perspectives of Communication Strategies and Tools
Authors: Meng-Yu Wun, Jiunde Lee
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Participatory design transfers the role of design team becoming the facilitator who manages to work collaboratively with the 'partners of innovation': users. This facilitator role not just concerns the users’ behaviors or insights under the common practice of user-centered design, it emphasizes the importance of communication experience conducted by various strategies and tools in a workshop session which could profoundly impact the quality of the co-creation process. To investigate the communication experience in the participatory design, this study proposed a qualitative research to analyze communication strategies and tools. A participatory design workshop and following in-depth interviews were carried out to explore how participants (facilitators, users) might apply different strategies and tools to enhance the communication process. The major study findings are as follows: (a) roles had influence on communication experience; facilitators’ principles and methods influenced the usage of facilitation strategies in various situations, while users put more emphasis on communication activities and goals aimed to complete the design tasks, (b) communication tools should be both fixed and changeable: participants had fixed cognition on different forms of communication tools; with the fundamental cognition, they could choose and make use of tools according to their needs, (c) the management of workshop communication should be flexible: controlling the schedule, stimulating innovations, and creating the space for conversation are crucial to facilitate in a participatory workshop.Keywords: communication experience, facilitation, participatory design, workshop
Procedia PDF Downloads 1571444 Firm Performance and Evolving Corporate Governance: An Empirical Study from Pakistan
Authors: Mohammed Nishat, Ahmad Ghazali
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This study empirically examines the corporate governance and firm performance, and tries to evaluate the governance, ownership and control related variables which are hypothesized to affect on firms performance. This study tries to evaluate the effectiveness of corporate governance mechanism to achieve high level performance among companies listed on the Karachi Stock Exchange (KSE) over the period from 2005 to 2008. To measure the firm performance level this research uses three measures of performance; Return on assets (ROA), Return on Equity (ROE) and Tobin’s Q. To link the performance of firms with the corporate governance three categories of corporate governance variables are tested which includes governance, ownership and control related variables. Fixed effect regression model is used to test the link between corporate governance and firm performance for 267 KSE listed Pakistani firms. The result shows that corporate governance variables such as percentage block holding by individuals have positive impact on firm performance. When CEO is also the chairperson of board then it is found that firm performance is adversely affected. Also negative relationship is found between share held by insiders and performance of firm. Leverage has negative impact on the performance of the firm and firm size is positively related with the firms performance.Keywords: corporate governance, performance, agency cost, Karachi stock market
Procedia PDF Downloads 3571443 The Concept and Practice of Good Governance in the European Union
Authors: Robert Grzeszczak
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The article deals with one of the most significant issues concerning the functioning of the public sector in the European Union. The objectives of good governance were formulated by the EU itself and also the Scholars in reaction to the discussion that started a decade ago and concerned the role of the government in 21st century, the future of integration processes and globalization challenges in Europe. Currently, the concept of good governance is mainly associated with the improvement of management of public policies in the European Union, concerning both domestic and EU policies. However, it goes beyond the issues of state capacity and effectiveness of management. Good governance relates also to societal participation in the public administration and verification of decisions made in public authorities’ (including public administration). Indirectly, the concept and practice of good governance are connected to societal legitimisation of public bodies in the European Union.Keywords: good governance, government, European law, European Union
Procedia PDF Downloads 5601442 Assessment of the Professional Competencies of Agriculture Officers in North West Frontier Province (NWFP), Pakistan
Authors: Muhammad Zafarullah Khan, Khalid Nawab, Shahid Ali, Mubashir Habib, Shakirullah Khan, Sajjad Ahmad, Javid Ullah, Ikramul Haq
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Professionally competent Agriculture Officers (AOs) can play an important role in the development of agriculture in the country. This study was conducted in North West Frontier Province (NWFP) (Pakistan) to assess professional competencies of Agriculture Officers (AOs) in January 2007. Data were collected from all (112) AOs through a mailed questionnaire. The study examines existing level of professional competencies of AOs and the required level of possessed competencies needed by them for their job performance in the areas of participatory extension methodologies. Both the possessed and required levels of competencies were scaled from 1-5 on Liker scale, 1 being very low and 5 being very high. . The study revealed a numerical difference between possessed and required levels regarding the professional competencies of the participatory extension methodology. It was also observed that higher levels of job experience increase the professional competencies in participatory extension methodology. It is recommended that periodic training and refresher courses are arranged for AOs so that their learning may become more practicable to diffuse agricultural innovations among members of participatory learning groups and convey modern technologies to the end users.Keywords: professional competency, agriculture officers, assessment and participatory extension methodology, participatory extension
Procedia PDF Downloads 3401441 Participatory Budgeting in South African Local Government: A Right or Illusion
Authors: Oliver Fuo
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One of the central features of post-apartheid constitutional reform was the establishment of local government as a distinct sphere of government in the Constitution of the Republic of South Africa, 1996. Local government, constituted by about 279 wall-to-wall municipalities, have legislative and executive powers vested in democratically elected municipal councils to govern areas within their jurisdiction subject only to limits imposed by the Constitution. In addition, unlike the past where municipalities merely played a service delivery role, they are now mandated to realise an expanded developmental mandate – pursue social justice and sustainable development; contribute, together with national and provincial government, to the realisation of socio-economic rights entrenched in the Bill of Rights; and facilitate public participation in local governance. In order to finance their developmental programmes, municipalities receive equitable allocations from national government and have legal powers to generate additional finances by charging rates on property and imposing surcharges on services provided. In addition to its general obligation to foster public participation in local governance, the law requires municipalities to facilitate public participation in their budgeting processes. This requirement is generally consistent with recent trends in local government democratic reforms which call for inclusive budget planning and implementation whereby citizens, civil society and NGOs participate in the allocation of resources. This trend is best captured in the concept of participatory budgeting. This paper specifically analyses the legal and policy framework for participatory budgeting at the local government level in South Africa. Using Borbet South Africa (Pty) Ltd and Others v Nelson Mandela Bay Municipality 2014 (5) SA 256 (ECP) as an example, this paper argues that the legal framework for participatory budgeting creates an illusory right for citizens to participate in municipal budgeting processes. This challenge is further compounded by the barrenness of the jurisprudence of courts that interpret the obligation of municipalities in this regard. It is submitted that the wording of s 27(4) of the Municipal Finance Management Act (MFMA) 53 of 2003 - which expressly stipulates that non-compliance by a municipality with a provision relating to the budget process or a provision in any legislation relating to the approval of a budget-related policy, does not affect the validity of an annual or adjustments budget – is problematic as it seems to trivialise the obligation to facilitate public participation in budgeting processes. It is submitted that where this provision is abused by municipal officials, this could lead to the sidelining of the real interests of communities in local budgets. This research is based on a critical and integrated review of primary and secondary sources of law.Keywords: courts and jurisprudence, local government law, participatory budgeting, South Africa
Procedia PDF Downloads 3921440 The Impact of Corporate Governance Regulation in the Nigerian Banking Sector
Authors: Simisola I. Akintoye, Sunday K. Iyaniwura
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Recent global corporate failures have called for increase in the need to regulate corporate governance across the world. In Nigeria, the impact of corporate governance regulation in the banking sector has reached epidemic levels contributing to the country’s economic depression. This study critically evaluates Nigeria’s corporate governance regime and explores how weak regulation has impacted on the banking sector. By adopting a socio legal methodology, the study analyses both theoretical and empirical works from a socio-scientific point of view to examine the role of Nigeria’s legal, cultural and social arrangements in corporate governance regulation. The study reveals that Nigeria’s institutional arrangement has contributed to its weak system of corporate governance regulation with adverse effects on the banking sector. The research mainly impacts on current global corporate governance literature in sub-Saharan Africa by contributing to knowledge of the peculiarities of corporate governance regulation in different institutional jurisdictions. The particular focus on emerging economies such as Nigeria expands on the need for countries to develop a bespoke system of corporate governance regulation that takes into consideration the peculiarities of individual countries devoid of external influence.Keywords: banks, corporate governance, emerging economies, Nigeria
Procedia PDF Downloads 3241439 Developments in Corporate Governance: The Case of Vietnam
Authors: Lien T. H. Tran, David A. Holloway
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Corporate governance practices have changed significantly across the world in the past three decades. Spectacular corporate failures during this period have acted as a catalyst for the development of codes and guidelines that have resulted in the global acceptance of a ‘best practice’ model. This study assesses the relevance of such a ‘one size fits all model’ for the developing nation state of Vietnam. The findings of this analytical paper is that there are three key elements (government, international institutions and the nature of business) that are pertinent and central to corporate governance developments in the country. We also find that the quality of corporate governance in Vietnam is at a medium level when compared to international practices. Vietnam still has a long way to go to construct and embed effective corporate governance policies and practices and promote ethical business behaviours and sound decision making at board level.Keywords: corporate governance, government, international institutions, public companies, Vietnam
Procedia PDF Downloads 3571438 Nigeria Rural Water Supply Management: Participatory Process as the Best Option
Authors: E. O. Aluta, C. A. Booth, D. G. Proverbs, T. Appleby
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Challenges in the effective management of potable water have attracted global attention in recent years and remain many world regions’ major priorities. Scarcity and unavailability of potable water may potentially escalate poverty, obviate democratic expression of views and militate against inter-sectoral development. These challenges contra-indicate the inherent potentials of the resource. Thus, while creation of poverty may be regarded as a broad-based problem, it is capable of reflecting life-span reduction diseases, the friction of interests manifesting in threats and warfare, the relegation of democratic principles for authoritarian definitions and Human Rights abuse. The challenges may be identified as manifestations of ineffective management of potable water resource and therefore, regarded as major problems in environmental protection. In reaction, some nations have re-examined their laws and policies, while others have developed innovative projects, which seek to ameliorate difficulties of providing sustainable potable water. The problems resonate in Nigeria, where the legal framework supporting the supply and management of potable water has been criticized as ineffective. This has impacted more on rural community members, often regarded as ‘voiceless’. At that level, the participation of non-state actors has been identified as an effective strategy, which can improve water supply. However, there are indications that there is no pragmatic application of this, resulting in over-centralization and top-down management. Thus, this study focuses on how the participatory process may enable the development of participatory water governance framework, for use in Nigeria rural communities. The Rural Advisory Board (RAB) is proposed as a governing body to promote proximal relationships, institute democratisation borne out of participation, while enabling effective accountability and information. The RAB establishes mechanisms for effectiveness, taking into consideration Transparency, Accountability and Participation (TAP), advocated as guiding principles of decision-makers. Other tools, which may be explored in achieving these are, Laws and Policies supporting the water sector, under the direction of the Ministries and Law Courts, which ensure non-violation of laws. Community norms and values, consisting of Nigerian traditional belief system, perceptions, attitude and reality (often undermined in favour of legislations), are relied on to pave the way for enforcement. While the Task Forces consist of community members with specific designation of duties, which ensure compliance and enforceability, a cross-section of community members are assigned duties. Thus, the principle of participation is pragmatically reflected. A review of the literature provided information on the potentials of the participatory process, in potable water governance. Qualitative methodology was explored by using the semi-structured interview as strategy for inquiry. The purposive sampling strategy, consisting of homogeneous, heterogeneous and criterion techniques was applied to enable sampling. The samples, sourced from diverse positions of life, were from the study area of Delta State of Nigeria, involving three local governments of Oshimili South, Uvwie and Warri South. From the findings, there are indications that the application of the participatory process is inhered with empowerment of the rural community members to make legitimate demands for TAP. This includes the obviation of mono-decision making for the supply and management of potable water. This is capable of restructuring the top-down management to a top-down/bottom-up system.Keywords: participation, participatory process, participatory water governance, rural advisory board
Procedia PDF Downloads 3861437 Corporate Governance and Business Ethical Values in Organisation: A Study of Unilag Holdings
Authors: Aribisala Oluwadamilare Olufolarin
Abstract:
The objective of this research was to examine how corporate governance and ethical business values impact both the performance of the organization and its employees, as it is essential for any organization to uphold good ethics and corporate governance. The study was conducted at Unilag Holdings Limited (UniHOLDs) to demonstrate that organizations may experience losses if they do not have proper corporate governance and business ethical values in place. The employees' perception of corporate governance and ethics is crucial for the organization. The research indicated a connection between corporate governance and business ethics values, and therefore, correlation analysis was utilized, making it statistically reliable. The results of the test show a strong positive correlation (r=.812, N=94, P<.01) between corporate governance and business ethical values. A questionnaire was distributed to employees at Unilag Holdings Limited (UniHOLDs), with 94 out of 130 completed and returned. The findings indicate that ethical values contribute to employee productivity, and productive employees have a beneficial impact on the organization's performance. Additionally, the study revealed that employees tend to adhere to rules regardless of their ethical nature. To address this, the organization should ensure that top-level managers do not assign unethical tasks to their subordinates. The study recommends that the organization should consistently practice corporate governance and business ethics. The company needs to make sure that its stakeholders continue to support its way of doing things.Keywords: business ethics, business ethical values, corporate governance and organization, corporate governance
Procedia PDF Downloads 13